1.Mark Wiegert — Cross/Redirect/Recross (Part 4)

MR. FREMGEN: Attorney Mark Fremgen, Attorney Ray Edelstein appear with the defendant in person.

MR. EDELSTEIN: Morning, Detective.

MR. EDELSTEIN: You have before you up there by the witness stand a copy of the 3/1 transcript previously marked, and you'll have to help me out, what sticker number is on that?

MR. EDELSTEIN: Very good. And that's the one that, uh, you've previously identified; correct?

MR. EDELSTEIN: No. During the three-hour interview.

MR. EDELSTEIN: Would you agree that it was certainly more than 20?

MR. EDELSTEIN: Okay. So you haven't -- When's the last time you actually read through that?

MR. EDELSTEIN: Well, take a look, if you would, at page 572, fourth line down, you tell him, do you not, come on, be honest, you went in that back room. You told him that; didn't you?

MR. EDELSTEIN: Okay. He didn't -- Or the next entry is, tell us now, Brendan. Correct? And that's by Fassbender?

MR. EDELSTEIN: And you followed up before he has any opportunity to say anything, we know you were back there. Correct?

MR. EDELSTEIN: Well, is it superior knowledge or is it a flat out lie? Because we've talked about different techniques, lies being one and superior knowledge being another? Correct?

MR. EDELSTEIN: Truth of the matter is, when you talked to him on the lst, you had, quote, no superior knowledge from a factual standpoint that he was ever even back there; true or false?

MR. EDELSTEIN: All right.

MR. EDELSTEIN: Okay. But it's a false statement to him; isn't it?

MR. EDELSTEIN: Okay. Let's talk about that, because you apparently -- you're obviously wanting him to say, yes, I was back there. Correct?

MR. EDELSTEIN: Well, within the -- the short frame of three lines, both you and Fassbender tell him that you believe he was back there. Correct?

MR. EDELSTEIN: Okay. During the course of this investigation -- and you're the -- one of the two lead investigators -- was the carpet from the back bedroom ever removed?

MR. EDELSTEIN: Well, you're the lead investigator. It seems to me you would know what evidence has been submitted to your lab for analysis, wouldn't you?

MR. EDELSTEIN: And what was the purpose of submitting that carpet to the Crime Lab?

MR. EDELSTEIN: All right.

MR. EDELSTEIN: Let me ask you this: Given the questioning regarding the location of items in that back bedroom, would it have made any sense at all to you, as an investigator, to have taken the carpet to have it looked at to determine any sort of wear patterns that might be evident?

MR. EDELSTEIN: Pard me?

MR. EDELSTEIN: Well, you've got carpet in your house, I guess, somewhere, don't you?

MR. EDELSTEIN: Okay. Carpet under a piece of furniture tends not to get worn out, whereas, areas immediately surrounding that type of furniture tends to show some sign of wear, doesn't it?

MR. EDELSTEIN: Okay. So wouldn't it have made sense in your opinion as an investigator to pull that to determine -- in order to try to verify some of the things that Brendan said about the location of the furniture? Wouldn't that have made sense to you?

MR. EDELSTEIN: Okay. Well, again, as to the back bedroom, on March 1 Brendan told you, did he not, that he cut Teresa's throat?

MR. EDELSTEIN: All right. Yet there was absolutely no evidence of blood spatter or blood pooling in the bedroom; correct?

MR. EDELSTEIN: Well, in the bedroom, was it a -- a mattress only? Was there a box spring?

MR. EDELSTEIN: Okay. Did you personally examine the mattress?

MR. EDELSTEIN: And you discovered from the evidence techs that there was absolutely no evidence of blood on that mattress; correct?

MR. EDELSTEIN: Was there any luminol sprayed in the back bedroom?

MR. EDELSTEIN: Nothing to indicate the presence of blood in the back bedroom; true?

MR. EDELSTEIN: Was there any on the bed? The bedding?

MR. EDELSTEIN: Well, how do you know the bedding was burned?

MR. EDELSTEIN: Okay. And Brendan Dassey also told you that he cut Teresa's hair, didn't he?

MR. EDELSTEIN: But the truth of the matter is throughout the course of this investigation you didn't find one single hair fiber that could be identified to Teresa Halbach; right?

MR. EDELSTEIN: All right. So he told you that, but you -- What? You don't believe it or you do believe it?

MR. EDELSTEIN: Okay. This was a carpet cleaner; right?

MR. EDELSTEIN: You guys seized the vacuum, didn't you?

MR. EDELSTEIN: You had somebody go through that vacuum to determine the presence of things like hair, didn't you?

MR. EDELSTEIN: And you found none; true?

MR. EDELSTEIN: Did you find any you could identify as Teresa's?

MR. EDELSTEIN: Did you find any you could identify as Teresa's?

MR. EDELSTEIN: I'll give you a chance.

MR. EDELSTEIN: Did you have, during the course of your opportunity to be involved in this case, the opportunity to get from Teresa's residence any hairbrushes?

MR. EDELSTEIN: So you had samples of her hair; correct?

MR. EDELSTEIN: But none of what you found in the -- at the trailer was able to be matched up to any that came from any of her hairbrushes; right?

MR. EDELSTEIN: Well, is there -- did the lab provide you any sort of report indicating there was a match between the hair of what was found at the scene and what you believed to be Teresa's hair?

MR. EDELSTEIN: Well, I'm sure the State will give you a chance to explain that. But I find it somewhat curious when you tell us that you believe some things but you don't necessarily believe the others that he told you?

MR. EDELSTEIN: (By Attorney Edelstein) Detective, how many times during the course of this three-hour exchange did you or Fassbender tell Brendan, um, in an effort to have him tell you things, it's not your fault, Steve made you do it?

MR. EDELSTEIN: Pard me?

MR. EDELSTEIN: But you don't know how many?

MR. EDELSTEIN: Okay. Directing your attention to page 580, please?

MR. EDELSTEIN: Toward the bottom, there, Detective, third entry -- ac -- actually fourth entry from the bottom, you stated to him, you helped to tie her up, though, didn't you, Brendan, because he couldn't tie her up alone. There's no way. Did you help him to tie her up? Right?

MR. EDELSTEIN: All right. Do you believe that that's a leading and suggestive question to him?

MR. EDELSTEIN: Do you believe it to be a leading and suggestive question?

MR. EDELSTEIN: Okay. Going over to the next page -- Well, before we get there, during the course of this interview, Brendan told you that, um, there was a rope involved in the restraint; correct?

MR. EDELSTEIN: Okay. And you were present during the course of all the prior testimony, and you heard, and I can't recall his name real quickly, but the truth of the matter is there was absolutely no rope fibers that were recovered that would indi -- that would tend to verify what he told you about the restraint?

MR. EDELSTEIN: And there was no rope?

MR. EDELSTEIN: In the bedroom?

MR. EDELSTEIN: There wasn't any in the -- You have no memory of any being found in the --

MR. EDELSTEIN: Well, given what he told you about that, I would -- would you expect that you would remember that? That being a fairly significant, uh, piece of physical evidence to corroborate something he's told you?

MR. EDELSTEIN: He also told you that he helped in some fashion removing, um, the metal restraints that he claimed were used; right?

MR. EDELSTEIN: Detective, we've got a number of metal handcuffs; right?

MR. EDELSTEIN: They all have different exhibit numbers?

MR. EDELSTEIN: The pink ones didn't have -- they didn't come from Steve Avery's place; right?

MR. EDELSTEIN: They came out of his mother's room?

MR. EDELSTEIN: They --

MR. EDELSTEIN: -- didn't come from -- Brendan lives with his mother?

MR. EDELSTEIN: Who else lives with his mother?

MR. EDELSTEIN: Who?

MR. EDELSTEIN: All right. So why didn't you just tell us that they came from Bobby's house?

MR. EDELSTEIN: All right. But they didn't come from Brendan's room?

MR. EDELSTEIN: Okay. In any event, some other ones -- And I'm not attempting to befuddle you or the record, but I don't recall which exhibit number it was. There were -- there was a pair of handcuffs and these longer ones taken from the Avery place; right?

MR. EDELSTEIN: Okay. Brendan claims to have un -- undone some of these; right?

MR. EDELSTEIN: But you know from your involvement in this case there's no fingerprints of his, no DNA of his on there; right?

MR. EDELSTEIN: Not surprisingly?

MR. EDELSTEIN: You can editorialize when they ask you. Just try to answer mine for me, would you please?

MR. EDELSTEIN: Isn't it fair to say that you and Fassbender repeatedly, throughout the course of this in -- this interview, tried to get Brendan to say that Teresa had socks on while she was restrained on the bed?

MR. EDELSTEIN: On the lst, if you know, how many times did either you or Fassbender tell Brendan, all right, Brendan, we're just going to start all over again? And you, essentially, would have him start from, what you believed to be the beginning, about when he got home from school?

MR. EDELSTEIN: So if it was more in the nature of six or seven, you wouldn't debate that, necessarily?

MR. EDELSTEIN: I believe you testified yesterday about some of the questions that you may have used to test the veracity or correctness of some of the things Brendan said; right?

MR. EDELSTEIN: Okay. And you gave as an example of the statement -- Directing your attention, Officer, to page 662?

MR. EDELSTEIN: At the very bottom, that's the exchange that was had between the investigators and Brendan about the tattoo; right?

MR. EDELSTEIN: And you used that as an example to the jury yesterday that that served as verification to you that he was being honest; right?

MR. EDELSTEIN: Okay. On 662, can you read the last entry?

MR. EDELSTEIN: And on 663, his response?

MR. EDELSTEIN: All right. So by that he's indicating that he doesn't know whether Teresa had a tattoo on her stomach; right?

MR. EDELSTEIN: That's not how you took it?

MR. EDELSTEIN: Well, and then Fassbender follows up on 663, do you disagree with me when I say that? Right?

MR. EDELSTEIN: Brendan's response is, no, but I don't know where it -- where it was. Right?

MR. EDELSTEIN: Okay.

MR. EDELSTEIN: So when he's asked, do you disagree with me, he says, no. Correct?

MR. EDELSTEIN: Which would suggest, certainly by his response, that he's not taking issue with what claim is being presented to him? I.e., Teresa had a tattoo. Right?

MR. EDELSTEIN: Well, isn't that what it meant to you?

MR. EDELSTEIN: Well, let me ask you this: You asked these questions to get answers for purposes of trying to determine the truth and veracity of what he's saying?

MR. EDELSTEIN: All right. When you asked these questions, you have to sit there and decide what does his answer mean in order to go onto the next question; right?

MR. EDELSTEIN: Am I correct in stating that he did not disagree with the assertion that was being put forth to him?

MR. EDELSTEIN: That's right.

MR. EDELSTEIN: So he is agreeing with the assertion, is he not?

MR. EDELSTEIN: Wouldn't that suggest to you that he is, therefore, adopting and agreeing with the assertion?

MR. EDELSTEIN: He told you he had no idea where it was; correct?

MR. EDELSTEIN: Does that not suggest to you that he is adopting it? That I believe there was one, I just don't know where it was?

MR. EDELSTEIN: All right. But you have to interpret what he says, as an investigator, do you not?

MR. EDELSTEIN: All right. And that's what any human does when they speak with somebody? They have to interpret and understand answers, don't they?

MR. EDELSTEIN: How many times did he change his answer after either you or Fassbender expressed displeasure by telling him things? For example, Brendan, come on. Or, Brendan, you're lying. Or, Brendan, we know that's not true. How many times did he change during the course of that three-hour --

MR. EDELSTEIN: (By Attorney Edelstein) Did he ever change his answer to any question that you asked of him, or Fassbender asked of him, when you exples -- expressed displeasure?

MR. EDELSTEIN: Happened how many -- Do -- do you know how many times?

MR. EDELSTEIN: Would you disagree with me that if I suggested it was more than 20?

MR. EDELSTEIN: During the course of that interview, Brendan told you that Teresa had been stabbed inside the back of the Rav 4; correct?

MR. EDELSTEIN: Yet other than the evidence that's already been testified to regarding, uh, blood smears along the back or where the expert believed the hair may have been, that you would concede that there certainly wasn't any evidence of blood spatter; correct?

MR. EDELSTEIN: Would you explec -- expect blood spatter with a stab wound?

MR. EDELSTEIN: It would -- But you're not an expert on blood spatter, are you?

MR. EDELSTEIN: Okay. During the course of that interview, Brendan told you that Teresa was moved about using what's been described as a creeper; true?

MR. EDELSTEIN: And you know that, as a result of that statement, the creeper was forensically examined; true?

MR. EDELSTEIN: No blood?

MR. EDELSTEIN: No DNA?

MR. EDELSTEIN: So do you believe him when he says that?

MR. EDELSTEIN: But you have no physical evidence to back it up; correct?

MR. EDELSTEIN: Tell me what you have by way of the creeper?

MR. EDELSTEIN: How many times had that boy been in the garage before March 31?

MR. EDELSTEIN: Did you ask him that?

MR. EDELSTEIN: Don't you think he was familiar with what was in that garage?

MR. EDELSTEIN: You didn't ask him, did you?

MR. EDELSTEIN: Did it seem reasonable, given your experience as a human being, an investigator, that this young man may have been in that garage before March 1?

MR. EDELSTEIN: I'm going to hand you what's been marked as Exhibit 129. That's the, uh, .22 taken from Avery's bedroom; right?

MR. EDELSTEIN: In connection with your occupation, I assume you've had some firearms training?

MR. EDELSTEIN: Do you hunt?

MR. EDELSTEIN: Okay. But you do know the difference between a single shot rifle and an automatic or semi-automatic; right?

MR. EDELSTEIN: Okay. Do you know the difference between a bolt-action rifle, and a single shot, or an automatic?

MR. EDELSTEIN: Do you know the difference between a lever-action rifle, and a single shot, and a bolt-action, and a semi-automatic?

MR. EDELSTEIN: And what you're holding is what type?

MR. EDELSTEIN: Very good. Um, now -- And it's -- So it's not a single shot; right?

MR. EDELSTEIN: Okay. If you would -- I think it's on 650. On the lst, when you had this interview -- And it's about three-quarters of the way down. Bren -- Brendan had previously been asked, um, what type of gun it was; right? And he had -- he responded that it was a single; correct?

MR. EDELSTEIN: Okay. And then immediately thereafter Fassbender says, it was a single shot, not a semi-automatic? Right?

MR. EDELSTEIN: Okay. Now, I realize that you didn't ask that particular question -- And answer it if you can. But do you know why semi-automatic was contained in that question, when, in fact, that you knew it was a semi-automatic that had been recovered, as opposed to the question being presented to him about a bolt- or a lever-action?

MR. EDELSTEIN: So you don't know the answer?

MR. EDELSTEIN: You don't know why he said it that way?

MR. EDELSTEIN: Okay. Is it fair to say that there really wasn't any sort of follow-up to determine why he believed it was a single shot as opposed to the semi-automatic, which, in fact, we know was true?

MR. EDELSTEIN: My question is, can you explain to me why there was no follow-up on that issue in order to try to, in fact, get a correct answer because he was obviously wrong?

MR. EDELSTEIN: Now, going into this interview, you were well-aware of the forensic findings regarding the skull pieces and the, uh, gunshot wound entrances; correct?

MR. EDELSTEIN: All right. If you know, how many times was it suggested or said to Brendan that he shot Teresa?

MR. EDELSTEIN: All right. So on some occasions he said, no, you're wrong, I didn't do that?

MR. EDELSTEIN: Despite the fact that he -- yourself and Fassbender repeatedly, uh, made statements suggesting that you knew that he had shot her; correct?

MR. EDELSTEIN: But you didn't have anything at all to support that sort of conclusion, did you?

MR. EDELSTEIN: That Brendan had shot Teresa?

MR. EDELSTEIN: Did you ask him the question or -- You -- You agreed with me just a minute ago that statements were made to him, which the statements, in and of themselves, suggest that, yes, he actually shot Teresa; right?

MR. EDELSTEIN: Okay. Yet you had absolutely nothing to support a belief that he had, in fact, done that?

MR. EDELSTEIN: You suggested to him that his DNA would be on the gun; right?

MR. EDELSTEIN: If you had nothing at all to support even a conclusion or a guess, even a guess, that he may have shot Teresa, why would you present him with those type of questions?

MR. EDELSTEIN: You expressed an opinion to him, certainly, that he did, in fact, do it, did he -- did you not?

MR. EDELSTEIN: All right. Isn't it true, Detective, that the first person, during the course of this exchange with Brendan on the lst, who even mentioned her being shot in the head, was you?

MR. EDELSTEIN: All right. And, initially, he said, yes, he believed there were two shots in the head; right?

MR. EDELSTEIN: All right. All right. So if that fits with the evidence that you have, I guess you would believe what he tells -- what he said was correct then; right?

MR. EDELSTEIN: You don't --

MR. EDELSTEIN: Sure. The fact of the matter is that after you go back and forth with this, he changes it several times, doesn't he, as far as the number?

MR. EDELSTEIN: Okay. I think the number runs all the way up to 10 or 11?

MR. EDELSTEIN: Exhibit 128. It's a little box. It's got the -- the shells casings -- .22 shell casings, CCI manufacturer, from the garage; right?

MR. EDELSTEIN: You're the lead investigator; right?

MR. EDELSTEIN: Okay. You never asked anybody at the lab to examine these for DNA evidence; true or false?

MR. EDELSTEIN: You'll get your chance.

MR. EDELSTEIN: You never asked anybody at the lab to examine them for fingerprint evidence?

MR. EDELSTEIN: You're not a fingerprint expert, are you?

MR. EDELSTEIN: These -- These are pretty smooth surfaces, aren't they?

MR. EDELSTEIN: In order to load this gun, somebody has to touch those shells at some point, don't they?

MR. EDELSTEIN: You're not a fingerprint expert, are you?

MR. EDELSTEIN: You've seen -- you have been involved in cases, have you not, where experts have testified and you relied on evidence utilizing portions of fingerprints; correct?

MR. EDELSTEIN: He's offering opinions about --

MR. EDELSTEIN: (By Attorney Edelstein) You know what a partial print is, don't you?

MR. EDELSTEIN: And do you know investigators oftentimes rely on that; right?

MR. EDELSTEIN: Um, directing your attention to page 582, please?

MR. EDELSTEIN: I'm sorry, 587?

MR. EDELSTEIN: All right. That's -- Is -- is that fair to say that that's about the time during the course of this interview that the issue comes up as far as Teresa's head? It hadn't really come up much before that? Fair statement?

MR. EDELSTEIN: Okay. Um, and Fassbender states about halfway down, it's extremely, extremely important you tell us this for us to believe you. Do you see that?

MR. EDELSTEIN: Okay. And immediately thereafter you say, come on Brendan, what else? Right?

MR. EDELSTEIN: Okay. Um, flip over, if you would, to 589?

MR. EDELSTEIN: Six lines down, when he's asked how many times Steve shot Teresa, what's his answer?

MR. EDELSTEIN: Well, you didn't ask him what was being referred to, did you?

MR. EDELSTEIN: Well, Detective, I hate to quibble, but I don't think it takes a lot of interpretation. Look at the very first question on that page. You asked him, where did you shoot her? Right?

MR. EDELSTEIN: Who shot her? What did he say?

MR. EDELSTEIN: Talking about Steve; right? Right?

MR. EDELSTEIN: Well, who else were you looking at?

MR. EDELSTEIN: Um,- little further down is it indicated anywhere else upon the person of Teresa where she may have been shot?

MR. EDELSTEIN: Now, when you use the term "you" there's no way to know from this transcript or, quite frankly, from the video, who you're talking about? Are you talking about he and Steve collectively? Are you talking about him individually? Would you agree with me that there's no way to discern to whom you reference that question?

MR. EDELSTEIN: Fassbender then asks a little further down, how many times do you shoot her when he handed you the gun? Right?

MR. EDELSTEIN: You have nothing to support that suggestion, do you?

MR. EDELSTEIN: Well, when you say "resist" are you saying that he is lying?

MR. EDELSTEIN: But do you agree that prior to that question being asked, you hadn't absolutely nothing to suggest that there was any truth to this statement that, when he handed you the gun?

MR. EDELSTEIN: When you did the interview on the lst --

MR. EDELSTEIN: -- you had nothing to support the statement submitted to Brendan when he, making reference to Steve, handed you the gun. Is that true or false?

MR. EDELSTEIN: All right. But, nevertheless, that was presented to him as if it were a fact; correct?

MR. EDELSTEIN: All right. If you would flip over to page 591?

MR. EDELSTEIN: The last entry on the page, Detective, would you read that question?

MR. EDELSTEIN: And you asked that question; right?

MR. EDELSTEIN: And the answer?

MR. EDELSTEIN: And your next question on 592?

MR. EDELSTEIN: Talking again about Steve; right?

MR. EDELSTEIN: Okay. His answer: In the head, stomach, and heart.

MR. EDELSTEIN: You then asked him, what side of the head; correct?

MR. EDELSTEIN: And he told you he had no idea. What he said was, no.

MR. EDELSTEIN: Okay. How, if at all, do you account for -- Well, just let me put it this way: So when this questioning continues about where the shots may have occurred, it changes, does it not?

MR. EDELSTEIN: And you knew that, from the forensics, there were two pieces of skull, two holes; correct?

MR. EDELSTEIN: All right. And I have to find my right page here. During the course of this exchange, you had asked about some hooks or wires in the garage; right?

MR. EDELSTEIN: Um, were those ever forensically examined?

MR. EDELSTEIN: And they found absolutely nothing of any significance; correct?

MR. EDELSTEIN: If you know, how many times during the course of the contact you had with Brendan on the lst did you personally ask him, or suggest to him, or tell him that Steve made him do something?

MR. EDELSTEIN: Would you agree that it was multiple?

MR. EDELSTEIN: Would you agree it's more than ten?

MR. EDELSTEIN: All right. If you would, go to page 571, please?

MR. EDELSTEIN: About in the middle of the page, little -- little past that, and this is when you're talking about whether or not Brendan engaged in any sort of sexual activity with Teresa. Is that a fair statement?

MR. EDELSTEIN: All right. You make the statement to him, and this is a little past halfway down, okay, what happens next? Remember, we already know, but we need to hear it from you. You see that?

MR. EDELSTEIN: And that's what you told him; right?

MR. EDELSTEIN: And in literally the same breath you said, it's not your fault. Right?

MR. EDELSTEIN: How many times did you tell him things like, it's not your fault?

MR. EDELSTEIN: How about --

MR. EDELSTEIN: -- page -- Go to page 574, please. Again, about halfway down?

MR. EDELSTEIN: You said to him, it's not your fault. He makes you do it. Right?

MR. EDELSTEIN: And I take it you don't believe, as a trained investigator, dealing with Brendan Dassey, that phrasing things to him that way, where you suggest that if he did something, it's not his fault, is going to cause him to say he did, because you are telling him that it's okay and it's not his fault?

MR. EDELSTEIN: All right.

MR. EDELSTEIN: Everybody saw what he says.

MR. EDELSTEIN: But you would have to give me this, Detective, that it's not just the sterile words that people speak, but it's the meaning behind them; correct?

MR. EDELSTEIN: It's the intonation; correct?

MR. EDELSTEIN: It's the reaction between individuals; correct?

MR. EDELSTEIN: How many times during the course of this contact did you praise him?

MR. EDELSTEIN: Is it fair to say that it occurred on multiple occasions? It occurred more than once?

MR. EDELSTEIN: But you don't know how many times?

MR. EDELSTEIN: Okay. Um, if you would, go to page 595?

MR. EDELSTEIN: Yes.

MR. EDELSTEIN: You see about three quarters of the way down? The statement is made to him -- this is by Fassbender -- I think you're doing a real good job up to this point. Right?

MR. EDELSTEIN: Okay. And he goes on to say some other things; correct?

MR. EDELSTEIN: Okay. A little further down, he -- when we're talking about the garage, he claims to have knowledge about some things happening in the garage; right?

MR. EDELSTEIN: And he prefaces his request for Brendan to tell the truth by the following words: You need to tell us about this so we know you're telling the truth. Right?

MR. EDELSTEIN: And in fairness, he said, I'm not going to tell you what to say. You need to tell us. Right?

MR. EDELSTEIN: And you knew that this was being recorded, didn't you?

MR. EDELSTEIN: So if you wanted to get something on this video, you knew all you had to do was say it; right?

MR. EDELSTEIN: Did you -- you knew it's being recorded?

MR. EDELSTEIN: Okay. I'll grant you that. Think you're a little more sophisticated and intelligent than Brendan?

MR. EDELSTEIN: Do you think so? Not what you hope.

MR. EDELSTEIN: So is Fassbender; isn't he?

MR. EDELSTEIN: In fact, he's been at this lot long -- about twice as long as you have, hasn't he?

MR. EDELSTEIN: Just as the number of gunshots that you discussed with Brendan changed throughout the course of this contact, is it -- it is correct, is it not, that the times changed when talking about events, particularly when he gets home, when he goes over by Steve; right?

MR. EDELSTEIN: Isn't it true, Detective, during the course of your contact on the ist, that Brendan's told you flat out he was guessing at some of the questions that were asked of him?

MR. EDELSTEIN: For example, the knife. If you to page 645?

MR. EDELSTEIN: You asked him, now, quarter of the way down, what about the knife? Where is the knife? Be honest with me. Where's the knife? Right?

MR. EDELSTEIN: Okay. His answer: Probably in the drawer.

MR. EDELSTEIN: Okay. And you asked, which drawer? Right?

MR. EDELSTEIN: If you would, just kind of read yourself the rest of that on that page.

MR. EDELSTEIN: Five -- I'm sorry. Six forty-five.

MR. EDELSTEIN: (By Attorney Edelstein) Is it fair to say that even you concluded that he has no idea what happened to this knife?

MR. EDELSTEIN: So the insertion of the simple word "think" indicates to you that that, in and of itself, is not a complete affirmation of what's being said? Do I understand you correctly?

MR. EDELSTEIN: So when he told you, for example, that he thought it was two shots, three shots, ten shots, are you -- are you then adopting the same interpretation that you're not even certain that he has any certainty to that -- that answer?

MR. EDELSTEIN: When Brendan said things that you did not believe to be true, is it fair to say that you attempted him to correct his response?

MR. EDELSTEIN: Well, when you say "resist", you're certainly not telling this jury that the mere fact that he did not change an answer, that you have any independent method to prove that his answer was false?

MR. EDELSTEIN: Now, you're not an ex -- an expert on suggestibility by any means, are you?

MR. EDELSTEIN: All right. But you conceded earlier that he did change his answers many times?

MR. EDELSTEIN: But when you say he resists -- Let -- Let's go back to the hair.

MR. EDELSTEIN: I guess you would conclude that he, uh -- he -- he clearly told you that he cut the hair; right?

MR. EDELSTEIN: You asked him where the hair went?

MR. EDELSTEIN: Okay. Supposedly on what he described as the counter. Later determined to be the nightstand or something in Steve's room; right?

MR. EDELSTEIN: He told you a counter. You asked him. Then he clarified that it was the dresser; correct?

MR. EDELSTEIN: Whatever. We're talking about the back bedroom?

MR. EDELSTEIN: He told you that; right?

MR. EDELSTEIN: You had nothing to sh -- You found no hairs of Teresa in the trailer; true or false?

MR. EDELSTEIN: Well --

MR. EDELSTEIN: what do you mean you don't know? You're the lead investigator. My question is this simple, did you find any hairs of Teresa Halbach in the trailer of Steven Avery?

MR. EDELSTEIN: You looked, didn't you?

MR. EDELSTEIN: Well, did you not ask anybody to check it to see whose it was?

MR. EDELSTEIN: You're not an expert on hair comparison, are you?

MR. EDELSTEIN: You had -- At any given time, what was the maximum number of people out there on the Avery property helping you with this case?

MR. EDELSTEIN: And not only that, you have the resources of the State Crime Lab; right?

MR. EDELSTEIN: You had troopers out there helping you?

MR. EDELSTEIN: You had volunteers?

MR. EDELSTEIN: With all of these resources, there some reason that you did not -- Let me make sure I'm clear. Did you ever ask anybody involved in the forensic world to compare hairs found at Steven Avery's trailer with known samples from Teresa?

MR. EDELSTEIN: Did you or didn't you? That's a simple question. Yes or no?

MR. EDELSTEIN: I'm just asking you the same way you asked Brendan many times. Yes or no?

MR. EDELSTEIN: Did you ask -- So is the answer, yes? Did you ask somebody to do a comparison?

MR. EDELSTEIN: And you agree that you could have done that, couldn't you?

MR. EDELSTEIN: All right. You were lead investigator? Co-lead investigator; right?

MR. EDELSTEIN: What stopped you from asking either the Wisconsin State Crime Lab or another lab from doing a hair comparison?

MR. EDELSTEIN: I don't want to know your spin on the value of doing the comparisons. I just want to know why you didn't ask somebody to do it?

MR. EDELSTEIN: (By Attorney Edelstein) Why didn't you do it?

MR. EDELSTEIN: So as a matter of -- of prioritizing things?

MR. EDELSTEIN: Could have been done. You just chose not to; correct?

MR. EDELSTEIN: All right. Okay. Detective, let me ask you this, uh, going back to the interview again. Initially, I believe, Brendan said that he saw Teresa up on the porch talking with Steve; right?

MR. EDELSTEIN: Okay. And then at some point in time he was confronted, um, and Fassbender -- and, I'm sorry, I can't find a page -- but if you have an independent memory -- Maybe do it this way. Um, Fassbender told him that, quote, you couldn't have seen Teresa on the porch. Right?

MR. EDELSTEIN: Okay. And then Brendan agreed with that, and said, no, I didn't. Right?

MR. EDELSTEIN: And that's another example of times that he changed based upon either a leading question or a negative response from one of you guys; right?

MR. EDELSTEIN: Well, you don't know what Brendan knew, did you? You -- Come on.

MR. EDELSTEIN: You have the ability to sit here and purport to tell this jury that you have the ability to know what he knows?

MR. EDELSTEIN: You're not a mind reader, are you?

MR. EDELSTEIN: Are you a mind reader? Do you have that ability?

MR. EDELSTEIN: That's all.

MR. EDELSTEIN: Yes.

MR. EDELSTEIN: Please, Your Honor. Briefly.

MR. EDELSTEIN: So if Steven Avery had told Brendan Dassey, when Brendan got over there, I shot Teresa in the garage. You need to help me clean it up. That's just -- that's -- that's certainly a possibility, isn't it?

MR. EDELSTEIN: No. I'm just asking you. You -- you said that in order to scientifically connect the defendant, you pointed to the bullet fragment with Teresa's DNA; right?

MR. EDELSTEIN: I'm not going to argue with you. We know it has her DNA --

MR. EDELSTEIN: -- right? And that came from the gun; right?

MR. EDELSTEIN: You don't know how many times he was in that garage before he -- before the -- the, uh, 31st, do you?

MR. EDELSTEIN: Right.

MR. EDELSTEIN: You don't know how many times he sat around watching Steve burn things in that pit, do you?

MR. EDELSTEIN: You don't know if he ever saw that rake and shovel that's been paraded around up here before the 3lst, do you?

MR. EDELSTEIN: So he could have had preexisting knowledge of the rake and the shovel; right?

MR. EDELSTEIN: He could have had preexisting knowledge about that gun hanging up there in that bedroom, couldn't he?

MR. EDELSTEIN: All right. This all occurred Nov -- October 31; right?

MR. EDELSTEIN: And he said that he told you that he helped Steve clean up this mess; right? In the garage?

MR. EDELSTEIN: Listen --

MR. EDELSTEIN: Okay. And he talked about using bleach; right?

MR. EDELSTEIN: So the fact that there's a bleach bottle that is discovered some four months later in Steve's trailer, you're telling this jury is scientific evidence to corroborate what he said?

MR. EDELSTEIN: Let them put it together.

MR. EDELSTEIN: Do you -- you just answer my question?

MR. EDELSTEIN: That bleach bottle wasn't scientifically analyzed to determine whether it had Brendan's DNA on it, was it?

MR. EDELSTEIN: It wasn't scientifically analyzed to determine whether it had his fingerprints on it, was it?

MR. EDELSTEIN: You don't know how long that thing had been sitting there, do you?

MR. EDELSTEIN: You told Mr. Fallon you had a pretty fair command of the, uh, forensic evidence, uh, by the time you conducted the interview; right?

MR. EDELSTEIN: All right. Um, when, um, did you -- Well, let me ask you this way. Did -- did I understand you to say that it was February 27 was the first time that you had any knowledge about a gunshot wound being an issue in this case?

MR. EDELSTEIN: Excuse me. What -- what was that about earlier than the 27th from Eisenberg?

MR. EDELSTEIN: Let me ask you this.

MR. EDELSTEIN: Well, do you have a recollection of being told as early as November 15 of 105 from your lead co- investigator, Agent Fassbender, that he got information from Eisenberg that there was clear evidence of a gunshot wound?

MR. EDELSTEIN: All right.

MR. EDELSTEIN: Yeah.

MR. EDELSTEIN: All right. So it certainly wasn't a revelation, uh, from Brendan that there was an issue of a gunshot wound; correct?

MR. EDELSTEIN: You already knew this going into this interview?

MR. EDELSTEIN: You also indicated in response to Counsel's question about corroborating what he said to you from a scientific standpoint that he told you Steven had a cut finger and you found some blood; right?

MR. EDELSTEIN: If he was over there tending the fire and he saw Steve had a cut finger, does that surprise you?

MR. EDELSTEIN: So what? If he sees a cut finger and he says he got a bandaid, how is that scientific?

MR. EDELSTEIN: It's not --

MR. EDELSTEIN: Okay. That's all.